I'm writing a long strip description for a new waterline that wanders in and out of another long strip-like parcel. Should I include a tie to the parcel boundary every time the easement centerline enters and exits the parcel? I'm tempted to but it seems like it is going to make it more difficult for someone to follow in the future... and I like KISS (the band is okay too). I will have an Exhibit drawing included with this.
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Thanks in advance
You probably want to tie it to the boundary in a couple of places (beginning and end) but unless you want the course of your easement to be dependent on the boundary, don't over do it. This especially if the boundary in question is not a single line.?ÿ
Don't break the description but do show ties on your map. my 0.15 ?????ÿ
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Around here the map attached, or not, carries little weight in determining location if there is a description. Most of us would use the map rather than the words but title companies don't.
If you have several parcels through which the corridor passes and you are describing a centerline it would be easy enough to add a few distances here and there to corners of those parcels and support that on your map. That would help us later when we are only trying to retrace one segment of it or if the map becomes detached from the document or lost. I've seen and can show you a two mile long sewer easement that has a typo (those things happen) which throws it into areas where there is no water line. However because the scrivener tied the description to various points on the ground along the way, it can be retraced confidently.?ÿ ?ÿ
My two-cents.
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Less is more, I think I'd just do the angle points of the centerline.
Assuming it's miles of easement requiring multiple sheets, tie your centerline to the old strip boundary only twice per sheet, at convenient points near the left/right edges of each sheet.?ÿ You mentioned the new waterline easement enters/exits the old easement now and then; if not too common it may be worth dimensioning every intersection.
It depends on what the client's situation is.?ÿ If they've got historical blanket rights over all the parcels the new easement traverses, then control defined by beginning & end suffices.?ÿ This is quite common for irrigation, roadway, municipal water & sewer, and electrical transmission lines.?ÿ Best not to play your cards by surveying everything into the record when you already have dominion without survey.
OTOH, if takings outside the original easement are involved, acreages and damages must be determined so owners can be compensated justly.?ÿ That necessitates an accurate survey of the original easement, with precise location of the new waterline easement at all incursions into private property, and rough locations of the extent of the property suffering damages.?ÿ Maybe 10 times the surveying expense, actually trivial concerning construction costs.
Concerning the Deed, situation one requires only the precise strip description of the new easement, independent of property lines which are shown only graphically.?ÿ Situation two requires extensive research, fieldwork, and a Deed which ties every time it enters/exits private property, so acreage and other considerations can be determined.?ÿ It's easily handled by collateral calls such as "to an angle point, from which the SW corner of Lot 13 of A Subdivision bears N/S XX?øXX'XX E/W" XXX feet", so followers in your footsteps can deal with the new easement without resurveying the world.
I generally never attach a map/plat/diagram to a recorded Deed; the Deed must stand by itself in either situation above with reference to recorded documents at the Courthouse when warranted.
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If utility is your goal, adding some State Plane coordinate pairs to your description will be more helpful than a plethora of calls to the strip lot:?ÿ Thence N 45?ø-15'-20" W?ÿ 123.45' to a set #5 rebar (N:856,456?ÿ E:1,256,369).?ÿ I'm not sure about title companies, but anyone entering your descriptions into a GIS will love you (not to mention retracing surveyors).
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adding some State Plane coordinate pairs ... anyone entering your descriptions into a GIS will love you (not to mention retracing surveyors).
But only if the full metadata is there. Without datum, epoch, zone, and any scaling used, coordinates lose most of their value.
Dimension the CL of the water line, with the boundaries being o/s each side of the CL.?ÿ Tie the CL ends to monuments.?ÿ Show +/- distances along PL between the parcels on the map.?ÿ Attach the map as an exhibit to the easement deed.?ÿ Easement conveyed/taken by each parcel is XX' N & S (or E & W. etc.), of the described CL.
Many States place spc at the bottom of the order of calls by statute. Those same statutes usually place requirements on the writer to include full metadata and control station information.
Every time a call crosses a boundary, a bearing and distance to an end of the boundary should be quoted.
BTW, I will break a straight line where it crosses a boundary to keep it simple.
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Many States place spc at the bottom of the order of calls by statute. Those same statutes usually place requirements on the writer to include full metadata and control station information.?ÿ
The priority list is intended to reflect the reliability and accuracy of each type of information.?ÿ That has changed with time, whether or not the rules have kept pace.
When coordinates depended on a long traverse from a US C&GS triangulation station, accuracy of coordinates was pretty poor. I look at the SPC examples in McEntyre's book and shake my head.
Today, GNSS-derived coordinates with good metadata by well-trained surveyors is right up there in accuracy with traverse from existing monuments to a missing corner.?ÿ Someday the rules will reflect that.
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I understand that some jurisdictions rely on case law and rules of construction. What I am talking about is a statutory limitation on use. You can make a case that things have improved, but it won't overcome the plain language of a statute.
Assuming you are describing the easement centerline only the minimum I would do is a Tie to easement POB, a course crossing call "Crossing the parcel boundary at CC'" and a tie from the CL endpoint. Also if the easement falls fully within the property at some point, find some way to give additional information. Also there is a possibility the easement leaves the property and returns.
Are you including an area of the easement?
Paul in PA
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